Category Archives: Nexus

OH2: PC for SW for flash drive for possible evidence was shown by prior allegation of recorded assault

The officer had reasonable suspicion to stop defendant for suspicion of sexual assault since he was leaving the house from where the report came at 2:30 am. A search warrant for a flash drive found in defendant’s backpack was reasonable … Continue reading

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S.D.Ohio: Affidavit for SW of home garage also showed nexus to house in car theft operation

This investigation into a stolen car ring operated from a home garage showed nexus to the house, too. “The affidavit by Officer Chappell is clear and thorough and reflects months of information gathering. The affidavit explains the nexus between the … Continue reading

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D.Minn.: The use of electronic devices in a fraud case essentially establishes nexus to def’s home

Nexus to the home in a fraud case was shown. “The affidavit averred that: the unauthorized accesses at the Postal Service were linked to a Dell computer bought on eBay by a user whose recovery email and phone number matched … Continue reading

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CA6: GFE applies to evidence of nexus, too

While this court has struggled with what is sufficient nexus, the evidence of nexus here is more than minimal and clearly satisfies the good faith exception, too. United States v. Ardd, 2018 U.S. App. LEXIS 35389 (6th Cir. Dec. 18, … Continue reading

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M.D.Pa.: Nexus to def’s apt shown by physical description not necessarily apt no.

There was sufficient connection to defendant’s alleged drug deals and his residence to support the search warrant. “While law enforcement officials could not determine at that time which of the residential units Jones entered, they were subsequently able to make … Continue reading

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CA6: Affidavit for SW failed both PC and nexus, but GFE applied: affidavit was detailed and 62 pages

The affidavit for the search warrant here failed to show both probable cause and nexus, and the court details why. However, the 62 page detailed affidavit detailing the whole investigation was not bare bones by any means, and the good … Continue reading

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CA6: Def’s returning home right after heroin sale provides nexus to house

There was probable cause for the search warrant and the good faith exception applies. After a heroin sale, defendant returned right to his home. It was reasonable to infer there would be evidence of the crime originating or brought back … Continue reading

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W.D.N.Y.: Controlled buys corroborate CI

The CI wasn’t supported by past history, but was by controlled buys. United States v. Williams, 2018 U.S. Dist. LEXIS 180895 (W.D. N.Y. Oct. 23, 2018). “Finally, the affidavit articulated a reasonable nexus between the place to be searched (the … Continue reading

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OH6: Leaving house to do a drug deal and going back home right after is inference drugs at home

The affiant’s allegation that defendant left his house to conduct drug deals then returned there right afterward creates a reasonable inference that drugs are kept in the house. Thus, there was probable cause for the search warrant. State v. Pettaway, … Continue reading

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CA6: Leaving house, doing drug deal, going back home is nexus

Leaving your house, conducting a drug sale, then returning to your house is nexus that there are drugs in the house. United States v. Houser, 2018 U.S. App. LEXIS 27671 (6th Cir. Sep. 28, 2018). “The magistrate judge presumed that … Continue reading

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CA6: Dist.Ct. erroneously suppressed over two kgs of heroin; the affidavit for SW showed a reasonable inference drugs would be found at home and GFE applied

The district court suppressed over two kilos of heroin finding that the affidavit for search warrant didn’t show probable cause and nexus to the defendant’s house. The Sixth Circuit reversed on both the probable cause and nexus issue and it … Continue reading

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PA: Nexus to house shown by def leaving home for a controlled buy

Nexus was shown for defendant’s house by his leaving the house to go a controlled buy. A frisk of defendant when he was home for the execution of the search warrant is valid. Commonwealth v. Kemp, 2018 PA Super 237, … Continue reading

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